Employment Bill: Overview and Update

05 July

The Employment Bill, which was originally referenced in the Queen’s speech in 2019, has been significantly delayed. When enacted, which may be in 2022, it is anticipated to include the following topics:

Unpaid carer leave: Unpaid carers may be granted the new right of an additional unpaid week of leave each year

Enhanced redundancy protection for new mothers: Currently, if a woman on maternity leave is selected for redundancy, she has enhanced rights to be offered suitable alternative employment without competitive interview. This protection is expected to be extended for six months after returning from maternity leave, to tackle discrimination relating to redundancy decisions for those on or returning from maternity leave

Neonatal leave and pay: The government intends to implement a right for new parents to take an additional week of leave for every week their baby is in neonatal care (up to a maximum of 12 weeks). It is anticipated that the right to leave will be available to all employees from day one of employment but there will be a qualifying period of 26 weeks’ service to receive statutory neonatal pay

New legislation on tipping practices: New legislation to ensure that tips in the hospitality sector are distributed without deduction by employers. This follows a government consultation which uncovered that a significant number of employers were retaining tips and not passing them on to staff, particularly those that were paid on card. Workers will have the right to make a claim to the employment tribunal in respect of unpaid/improperly paid tips and will also be able to request information from employers on their tipping records. Employers could face fines as well as orders to compensate workers in respect of any breaches

A new right to request a more predictable and stable contract: Individuals on zero-hour contracts may be granted the right to request a more “predictable” contract after 26 weeks service in a bid to address the uncertainty for those working in the gig economy

There may also be legislation to enhance the right to request flexible working and protection against firing and re-hiring.

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